These Terms and Conditions constitute a legally binding contract between the customer (“You/Your”) and Topaz Furniture (ACN 634 369 761) (“T and Z Interiors Pty Ltd”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from www.topazfurniture.com.au. By placing an order for Goods from Topaz Furniture, You agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing Your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms and Conditions:
“Account” means a personal account created by You on the Website;
“Delivery Charge” has the meaning given in Section 3.3;
“Order” means an order for Goods, placed on the Website;
“Website” means www.topazfurniture.com.au.
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides You with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Topaz Furniture represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3.1 Prices for Goods are as shown on the Website.
3.2 Topaz Furniture reserves the right to change the prices of Goods at any time without notice to You. The price displayed at the time that You place Your Order will continue to apply to You even if the price changes before Your Order is accepted by Topaz Furniture.
3.3 In addition to the price for the Goods, You will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in Your shopping cart.
3.6 By placing an Order You agree to pay the price for the Goods and any Delivery Charge (if any).
3.7 All prices and Delivery Charges quoted are in Australian dollars and are inclusive of GST.
4.1 If You do not already have an Account You will need to create one before placing an Order.
4.2 You may not set up an Account for someone else.
4.3 Please ensure that You enter all information carefully when creating an Account. You warrant to Topaz Furniture that all information provided by You in relation to Your Account is complete, true and accurate
4.4 You must notify Topaz Furniture immediately if You become aware of any actual or potential unauthorised use of Your Password or Account
4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Topaz Furniture will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) Your Account information being incomplete or inaccurate; or (ii) any unauthorised use of Your Password or Account which takes place before You notify Topaz Furniture, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If Topaz Furniture suffers any loss, damage, cost or expense as a result of any unauthorised use of Your Password or Account which takes place before You notify Topaz Furniture then You must pay Topaz Furniture the amount of that loss, damage, cost or expense if Topaz Furniture asks You to.
5.1 You can place an Order by following the instructions on the relevant Topaz Furniture website.
5.2 An Order submitted by You is an offer by You to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of Your Order and any applicable Additional Delivery Charge or International Delivery Charge. Topaz Furniture may accept or reject Your offer in its absolute discretion. In particular, but without limitation, Topaz Furniture may reject Orders for commercial quantities of Goods. If You wish to order commercial quantities of Goods please contact [email protected]
5.3 Each Order that You place will, if accepted by Topaz Furniture, be a separate and binding agreement between You and Topaz Furniture with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4 If You place an Order for someone else to receive the Goods You must obtain their consent before providing Topaz Furniture with their personal information and, by placing an Order, You confirm to Topaz Furniture that You have done this.
5.5 Please ensure that You enter all information carefully when placing an Order. You warrant to Topaz Furniture that all information provided by You in relation to each Order is complete, true and accurate.
5.6 Please check Your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Topaz Furniture. Topaz Furniture will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Topaz Furniture will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of Your Order information being incomplete or inaccurate or as a result of being unable to change or cancel Your Order once it has been accepted by Topaz Furniture, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .
5.8 Where You place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. Topaz Furniture cannot consolidate separate Orders into one delivery.
5.9 You acknowledge that all Goods that You Order are intended for personal, domestic, non-commercial use only.
5.10 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, Your Order might not be received, Your Order may be lost or misdirected, or Your Order might be delayed.
5.11 You must take Your own precautions to ensure that the process which You employ for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system, and contains appropriate protection to prevent damage to Your computer system caused by viruses, malicious computer code or other forms of interference.
5.12 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Topaz Furniture will not be liable to You, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.10 or arising out of or in connection with You accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5. 13 Topaz Furniture notes that colours on the Website are for illustrative purposes only. In the event that You require a specific colour, You may email Topaz Furniture at [email protected] and request a sample. Topaz Furniture reserves the right to charge a fee for the provision of the sample, together with reasonable delivery costs. Topaz Furniture will not be liable for any incorrect colour selections, unless the Goods ordered do not match the sample provided.
6.1 When You submit an Order You will receive an Order reference number via e-mail.
6.2 Topaz Furniture will process payment for Your Order when, or shortly after, You place Your Order. Your Order is deemed to be accepted by Topaz Furniture when Topaz Furniture does this, however Topaz Furniture may, in certain circumstances, cancel Your Order after acceptance as set out in these Terms & Conditions. In the event that Topaz Furniture cancels Your Order having already processed payment, it will refund payment in accordance with Section 13.1.
6.6 When Topaz Furniture accepts an Order it represents an agreement Topaz Furniture to supply the Goods to You in accordance with Your Order subject to receiving payment from You and subject to these Terms and Conditions.
6.7 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards or PayPal account. If the name on the credit card/payment card/account does not match the name on the Order, Topaz Furniture may ask You to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing Your credit card/payment card/gift card You authorise Topaz Furniture to deduct the price and the applicable delivery charge(s) from such card.
6.8 Topaz Furniture reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion
6.9 Goods that You have ordered will not be dispatched to You until Your payment for the Goods has cleared. If Your payment cannot be processed, Your Order will be rejected and we will notify You by email.
7.1 Topaz Furniture reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Topaz Furniture may do this for example, but without limitation, where:
(a) Topaz Furniture suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Topaz Furniture’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Topaz Furniture is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) You ask Topaz Furniture to cancel Your Order in accordance with section 5.8; or
(e) in the circumstances set out in Section 6.9.
7.2 You may cancel Your Order where Topaz Furniture:
(a) has breached a material term of this Agreement;
(b) is not able to deliver Your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which You are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
7.3 Where Topaz Furniture cancels Your Order after acceptance it will send You an e-mail notifying You of cancellation.
7.4 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Topaz Furniture will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of Your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.1 As Topaz Furniture is dependent upon its Suppliers to provide stock, Topaz Furniture Furniture cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Topaz Furniture reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to You. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Topaz Furniture will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.2 Goods that are described on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, had a previous fault that has since been repaired by the manufacturer, or are ex-display items. Topaz Furniture warrants that all Refurbished Stock are in perfect working order (save for the cosmetic imperfections referred in this clause) and come with the standard manufacturer’s warranty in addition to any statutory rights which apply.
9.1 Risk and title in Goods passes to You on the date and time of delivery of the Goods to the delivery address provided in Your Order.
9.2 Goods will only be delivered to addresses within Australia.
9.3 On delivery You may be required to sign a proof of delivery document. If You are not available to take delivery, Your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
9.4 If You require Goods that You have ordered to be re-directed to an address which is not the original Order address Topaz Furniture may charge You a reasonable fee for doing this.
10.1 Many Goods can be picked up from a Topaz Furniture store rather than being dispatched to You. Where You wish to do this You will need to nominate this option when You place Your Order. Please note that some Goods are not available for pick up from store.
10.2 Only the relevant Topaz Furniture Account holder may pick-up in-store Goods ordered on that Account.
10.4 When picking up Goods in store You must provide photo identification (eg current drivers licence) to store staff to verify that You are the purchaser. If requested, You must allow Topaz Furniture to take a copy of this identification for fraud prevention purposes. The copy will not be used by Topaz Furniture for any other purpose or disclosed to any person outside of Topaz Furniture;
You agree and acknowledge that:
(a) events outside Topaz Furniture control may cause delays, or in some circumstances, prevent Your Goods from being delivered or available for pick-up in store;
(b) delays are particularly likely to occur around Christmas, Easter and public holidays; and
(c)except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Topaz Furniture nor any of its agents will be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to You or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
13.1 Where Topaz Furniture is obliged to refund Your payment pursuant to these Terms and Conditions, Topaz Furniture aims to initiate Your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time). The additional time that it takes for You to actually receive Your refund will depend upon how quickly Your financial institution processes the refund.
13.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Topaz Furniture will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in You receiving any refund due to You, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
14.1 You should check Your Goods as soon as they are delivered to You in order to ensure that: (i) they are what You ordered; and (ii) they are not damaged or faulty. If this is not the case You should contact Topaz Furniture as soon as possible, and in any event, not later than 14 days after receiving the Goods.
14.2 If You have a problem with any Goods or otherwise wish to return them please refer to Topaz Furniture ‘s Returns Policy which forms part of these Terms and Conditions.
14.3 When returning Goods please provide Topaz Furniture with Your proof of purchase;
14.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
14.5 In the event that You have Ordered custom-made Goods from Topaz Furniture, defined as Goods which are not purchased as part of Topaz Furniture’s catalogue or inventory but have been specifically made or ordered on your written or verbal request, such custom Goods cannot be returned unless they are damaged or faulty in accordance with Clause 14.1.
15.1 To the full extent permitted at law, Topaz Furniture is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
16.1. Topaz Furniture gathers personal information about You for the purposes of:
(a) marketing, supplying or delivering our products to You;
(b) carrying out repair work (both in and out of warranty repairs);
(c) improving and developing our products; and
(d) expanding our business.
16.2. Topaz Furniture is committed to protecting Your privacy and personal information because of our legal and ethical commitment to comply with the National Privacy Principles as set out in the Privacy Act 1988 (Cth).
14.3Topaz Furniture will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the Privacy Act 1988 (Cth).
16.4. In the process of dealing with You, we may collect and hold the following types of information:
a) your name;
b) your address;
c) your date of birth;
d) your telephone number(s);
e) your e-mail address;
f) payment information;
g) transaction information;
h) your user name and password;
i) information contained on identification documents (such as driving licences) and, in some specific cases, copies of such identification documents, where we require these to verify your identity;
j) your Internet Protocol (“IP”) address, server address, domain name and information on your browsing activity when visiting one of our websites;
16.5. Topaz Furniture collects this information in a number of ways including:
a) when you order goods or services from us (either online, in-store or over the telephone);
b) when you set up an account with us;
c) when you pay for goods by cheque;
d) when you provide us your details for customer care purposes;
16.6 This information may be held by Topaz Furniture in such a way as to only permit lawful access only by our authorised company officers, employees and contractors who need access to perform their functions. We will take reasonable steps to ensure that the personal information that we hold is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure.
16.7. We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party repairer to provide warranty repair. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.
17.1 Topaz Furniture reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that You place Your Order are the Terms and Conditions which will apply to Your Order.
17.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
17.3 These Terms and Conditions are governed by the laws of Victoria, Australia.